This Article shall be known and may be cited
as the "Borough of East Stroudsburg Airport Zoning Overlay District."
It is an Article regulating and restricting the height to which structures
may be erected or objects of natural growth and otherwise regulating
the use of property in the vicinity of the Birchwood-Pocono Airpark
by creating the appropriate zones and establishing the boundaries
thereof; providing for changes in the restrictions and boundaries
of such zones; defining certain terms used herein; referring to the
Birchwood-Pocono Airpark Height Limitation and Zoning District Map,
which is incorporated in and made part of this chapter; providing
for enforcement; establishing a Zoning Hearing Board; and imposing
penalties.
The following words and phrases, when used in
this article, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
AIRCRAFT
Any convenience, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
AIRPORT
Birchwood-Pocono Airpark; any area of land or water which
is used or intended to be used for the landing and takeoff of aircraft
and any appurtenant areas which are used or intended to be used for
airport buildings or air-navigation facilities or rights-of-way, together
with all airport buildings and facilities thereon. As used herein,
the term "airport" includes public airports but excludes private airports
and heliports. Public and private airports are defined separately
in this section.
AIRPORT ELEVATION
One thousand two hundred seventy; the highest point of an
airport's unusable landing area, measured in feet above sea level.
AIRPORT HAZARD
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 164 of 1984 (Pennsylvania laws relating to aviation).
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in §
157-110 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
DEPARTMENT
The Pennsylvania Department of Transportation.
FAA
The Federal Aviation Administration of the United States
Department of Transportation.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise
specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal surface zone.
LARGER-THAN-UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this article
or an amendment thereto.
NON-PRECISION-INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure
utilizing air-navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision-instrument
approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in §
157-110 of this chapter.
PERSON
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity; includes a trustee,
a receiver, an assignee or a similar representative of any of them.
PRECISION-INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specifically prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in §
157-109 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
PRIVATE AIRPORT
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
RUNWAY
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the
limits of the conical surface extend a distance of 5,000 feet, measured
horizontally, from the edge of the approach surface and at ninety-degree
angles to the extended runway center line.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds' maximum gross weight
or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
ZONING HEARING BOARD
A Board appointed by the authority adopting these regulations. The number of members, powers, governing rules, etc., of the Board are set forth in Article
I of this chapter.
In order to carry out the provisions of this
article, there are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
the Birchwood-Pocono Airpark. Such zones are shown on the East Stroudsburg
Zoning District Map. The Airport Overlay District boundary was taken from the Height Limitation Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated Spring 1989, which is
attached to this chapter and made a part thereof. An area located in more than one of the following zones is considered to be only in the zone with the more-restrictive height limitation. The following two zones are those applicable to the Borough of East Stroudsburg. They are hereby established and defined as follows:
A. Horizontal Surface Zone: established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 5,000 feet in radii from
the center of each end of the primary surface of each runway and connecting
the adjacent arcs by drawing lines tangent to those arcs. The Horizontal
Surface Zone does not include the Approach Surface and Transitional
Surface Zones.
B. Conical Surface Zone: established beneath the conical
surface. This zone commences at the periphery of the horizontal surface
and extends outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this chapter,
no structure shall be erected, altered or maintained and no tree shall
be allowed to grow in any zone created by this chapter to a height
in excess of the applicable height limit herein established for such
zone. Such applicable height limitations are hereby established for
each of the zones in question as follows:
A. Horizontal Surface Zone: established at 150 feet above
the established airport elevation or at a height of 1,420 feet above
mean sea level. The allowable height formula shall be as follows:
Allowable Height = (1,270 established airport
elevation) + (150 feet) — (ground elevation)
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B. Conical Surface Zone: slopes 20 feet outward for each
foot upward beginning at the periphery or the horizontal surface and
at 150 feet above the established airport elevation and extending
to a height of 350 feet above the established airport elevation or
at a height of 1,620 feet above mean sea level. The allowable height
formula shall be as follows:
Allowable Height = (1,270 established airport
elevation) + (150 feet) + (distance from horizontal surface boundary
÷ 20) — (ground elevation)
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C. Excepted height limitations. Nothing in this article
shall be construed as prohibiting the construction or maintenance
of any structure or growth of any tree to a height up to 35 feet above
the surface of the land.
In any case in which it is desired to remove,
lower or otherwise terminate a nonconforming structure or use, or
the approach protection necessary cannot, because of constitutional
limitations, be provided by airport zoning regulations, or it appears
advisable that the necessary approach protection be provided by acquisition
of property rights rather than by airport zoning regulations, the
municipality within which the property or nonconforming use is located
or the municipality or municipal authority owning the airport or served
by it may acquire, by purchase, grant or condemnation, in the manner
provided by the law under which municipalities are authorized to acquire
real property for public purposes, such air right, aviation easement
or other estate or interest in the property or nonconforming structure
or use in question as may be necessary to effectuate the purpose of
this article. In this case of the purchase of any property or any
easement or estate or interest therein or the acquisition thereof
by the power of eminent domain, the municipality making the purchase
or exercising the power shall, in addition to the damages for the
taking, injury or destruction of property, also pay the cost of the
removal and relocation of any structure or any public utility which
is required to be moved to a new location.
In the event of conflict between any airport
zoning regulations adopted under this article and any other regulations
applicable to the same area, whether the conflict is with respect
to the height of structures or trees and the use of land or any other
matter and whether the other regulations were adopted by the municipality
which adopted the airport zoning regulations or by some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.